Baranda vs.

Gustillo
G.R. No. 81163
Facts:
 A petition for reconstitution of title was filed with the CFI (now RTC) of Iloilo
involving a parcel of land known as Lot No. 4517 of the Sta. Barbara Cadastre
covered by OCT No. 6406 in the name of Romana Hitalia.
 The OCT was cancelled and TCT No. 106098 was issued in the names of
petitioners Baranda and Hitalia.
 The Court issued a writ of possession which Gregorio Perez, Maria P. Gotera and
Susana Silao refused to honor on the ground that they also have TCT No. 25772 over
the same Lot No. 4517.
 The Court found out that TCT No. 257772 was fraudulently acquired by Perez,
Gotera and Susana.
 Thereafter, the court issued a writ of demolition which was questioned by Perez
and others so a motion for reconsideration was filed.
 Another case was filed by Baranda and Hitalia (GR. NO. 62042) for the execution
of judgement in the resolutions issued by the courts.
 In the meantime, the CA dismissed a civil case (GR. NO. 00827) involving the
same properties. (NOTE: This time three cases na ang involve excluding the case at
bar.)
 The petitioners prayed that an order be released to cancel No.T-25772. Likewise
to cancel No.T-106098 and once cancelled to issue new certificates of title to each of
Eduardo S. Baranda and Alfonso Hitalia To cancel No.T-25772. Likewise to cancel
No.T-106098 and once cancelled to issue new certificates of title to each of Eduardo
S. Baranda and Alfonso Hitalia.
 In compliance with the order or the RTC, the Acting Register of Deeds Avito
Saclauso annotated the order declaring TCT T-25772 null and void, cancelled the
same and issued new certificate of titles in the name of petitioners.
 However, by reason of a separate case pending in the Court of Appeals, a notice
of lis pendens was annotated in the new certificate of title.
 This prompted the petitioners to move for the cancellation of the notice of lis
pendens in the new certificates.
 Judge Tito Gustilo then ordered the Acting Register of Deeds for the cancellation
of the notice of lis pendens but the Acting Register of Deeds filed a motion for
reconsideration invoking Sec 77 of PD 1529.

Issue: What is the nature of the duty of a Register of Deeds to annotate or annul a notice
of lis pendens in a torrens certificate of title.

Held:
Section 10, Presidential Decree No. 1529 states that "It shall be the duty of the Register
of Deeds to immediately register an instrument presented for registration dealing with
real or personal property which complies with all the requisites for registration. ... If the
instrument is not registrable, he shall forthwith deny registration thereof and inform the
presentor of such denial in writing, stating the ground or reasons therefore, and advising
him of his right to appeal by consulta in accordance with Section 117 of this Decree."

Section 117 provides that "When the Register of Deeds is in doubt with regard to the
proper step to be taken or memoranda to be made in pursuance of any deed, mortgage or
other instrument presented to him for registration or where any party in interest does not
agree with the action taken by the Register of Deeds with reference to any such
instrument, the question shall be submitted to the Commission of Land Registration by
the Register of Deeds, or by the party in interest thru the Register of Deeds. ... ."

The function of ROD is ministerial in nature

The function of a Register of Deeds with reference to the registration of deeds
encumbrances, instruments and the like is ministerial in nature. The respondent Acting
Register of Deeds did not have any legal standing to file a motion for reconsideration of
the respondent Judge's Order directing him to cancel the notice of lis pendens annotated
in the certificates of titles of the petitioners over the subject parcel of land.

In case of doubt as to the proper step to be taken in pursuance of any deed ... or other
instrument presented to him, he should have asked the opinion of the Commissioner of
Land Registration now, the Administrator of the National Land Title and Deeds
Registration Administration in accordance with Section 117 of Presidential Decree No.
1529.

No room for construction for the laws on functions of ROD

The elementary rule in statutory construction is that when the words and phrases of the
statute are clear and unequivocal, their meaning must be determined from the language
employed and the statute must be taken to mean exactly what it says. The statute
concerning the function of the Register of Deeds to register instruments in a torrens
certificate of title is clear and leaves no room for construction.